Solidarity Day: falls on Monday!


SOLIDARITY DAY. If it is no longer mandatory for companies to hold the solidarity day on Pentecost Monday, many have kept this habit. If this is the case with your employer, you will be required to work unpaid this Monday, June 6th.

[Mise à jour du vendredi 3 juin 2022 à 11h34] Although Monday, June 6th is a public holiday, your company may ask you to come to work for Solidarity Day. So you won’t get paid. Established in 2004, this additional workday aims to finance actions in favor of the elderly or disabled. Initially scheduled for Pentecost Monday for everyone, the procedures for holding the solidarity day were relaxed in 2008. It continues to happen on this date in some companies. The rest can ask their employees to work during another public holiday (except for the 1st of May), to work during an RTT day or to work “according to any other method that allows the work of 7 hours previously not worked”, indicates the ‘public administration’.

It was after the 2003 heat wave that the Raffarin government created a day of solidarity to fund care for the elderly and disabled. The principle is simple: each employee works one more day without being paid more, while employers assume a financial contribution of 0.30% of the gross payroll. Although this day of solidarity was fixed instead of the Pentecost Monday holiday, the Leonetti Act of 2008 relaxed the conditions for companies to determine their own enforcement methods.

What day is solidarity day?

Usually defined by a collective agreement within the company or by a branch agreement, the solidarity day can be held on Whit Monday or other non-working holiday. May 1st alone cannot be used as a day of solidarity.

However, the employer can also give its workers the choice of using a day of RTT for this purpose or dividing this participation by staggering the 7 hours corresponding to a working day over several days. The solidarity day can also be held on one of the two weekly rest days, as the law provides for only one mandatory rest day.

Is Solidarity Day mandatory?

The day of solidarity is mandatory and the employee does not have the right to refuse it. If he refuses, the employer can take a deduction from the salary or sanction the employee. On the other hand, the refusal of the date chosen by the employer does not constitute a fault: the worker can enforce family obligations, follow up on school studies or other professional activity to request the postponement of the solidarity day.

Who is affected by solidarity day?

All employees in the private sector are affected by the day of solidarity. Workers with a fixed-term contract perform it like workers with a permanent contract, those who work part-time must also pay on this day, but in proportion to the normal duration of their work. Apprentices are also subject to it, however, as interns are not considered full-fledged employees, solidarity day is not mandatory.

On the employee’s side, the solidarity day consists of a day worked normally, but not paid. On the employer’s side, it corresponds to the payment of the Autonomous Solidarity Contribution (CSA), equivalent to 0.3% of the payroll due by the employer.

Solidarity Day and RTT

Employees who benefit from RTT can choose to forgo an RTT day instead of working the RTT day. They can also take a day off on solidarity day so they don’t come to work on that day.

exceptions

To facilitate the organization of this solidarity day, a company sets the same date for all its employees. However, some exceptions may confirm the rule, as in the case where the company operates continuously or when it is open every day. If the solidarity day is set during a worker’s weekly rest period, the worker may benefit from a different solidarity day.

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